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From artificial intelligence (AI) and machine learning to autonomous vehicles, virtual reality, and cryptocurrency, the rapid evolution of technology shows no sign of slowing down. Companies in the digital technology sector are among the world’s most highly valued companies, with good reason. And businesses in every sector now use digital technology in all kinds of ways, from basic email to sophisticated data analytics.

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Fresh water is becoming a scarce resource in the United States and across the globe as demand continues to rise due to population and business growth. This emergent scarcity means businesses will face more consequences of the complex regulatory and legal frameworks governing water use and water quality.

Michael Best’s Water team understands those issues. We guide clients through the heavily regulated, politically sensitive environment surrounding the management of, investment in, and development of water resources.

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In today’s rapidly changing market, you need an intellectual property team that will enhance and safeguard your competitive position. Our nationally recognized IP practice offers three key advantages: we know your business; we understand your technology; and we have the advocacy skills to help you develop, manage, and protect your intellectual assets.

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On October 1, the United States Supreme Court announced it would consider a case likely to affect when copyright owners must bring suit to protect their copyrighted works.

Under 17 U.S.C. § 507(b), federal law dictates that copyright owners may not pursue copyright infringement claims unless they file suit within three years after the alleged infringement occurs. In some cases, however, courts have precluded plaintiffs from pursuing copyright infringement actions filed within that three-year window by applying the judge-made doctrine known as laches. Laches can bar an otherwise timely lawsuit if (1) the plaintiff delayed in initiating the lawsuit, (2) the delay was unreasonable, and (3) the delay prejudiced to the defendant.

In Petrella v. Metro-Goldwyn-Mayer, the plaintiff accused the defendants of infringing copyrights underlying the film Raging Bull. The plaintiff learned of the first acts of infringement in 1990, but she did not file suit until 2009. The district court granted summary judgment in favor of the defendants due to laches, even though some of the alleged infringement occurred after 2006 and thus fell within the statutorily prescribed three-year period for the plaintiff to seek redress. The Ninth Circuit affirmed, but one member of the three-judge panel wrote separately to point out several other circuits had prohibited or severely restricted the application of laches to copyright cases filed within the three-year statutory limitations period.

The Supreme Court granted the plaintiff’s request for review. The plaintiff described the Ninth Circuit’s ruling as not only at odds with every other circuit court to address the issue, but also in conflict with Congress’s intent to establish a clear three-year window for bringing suit, as expressed in 17 U.S.C. § 507(b). In resolving the appeal, the Supreme Court will determine whether, and to what extent, the laches defense is available to bar copyright claims filed within three years of an infringing act. A decision is expected in 2014.

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Clients look to Kevin for strategic counsel on the protection of their intellectual property, including acquisition of, enforcement of, and defense against United States and international patents. His strong track record in these areas, paired with a technical background as a product engineer, give Kevin a unique perspective on the challenges facing developers of mechanical, electro-mechanical, and biomedical technologies.

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